Date post: | 13-Jun-2018 |
Category: |
Documents |
Upload: | vuongkhanh |
View: | 214 times |
Download: | 0 times |
Over
AGENDA
ANNUAL MEETING OF THE BOARD OF TRUSTEES
PORTLAND WATER DISTRICT
225 Douglass Street, Portland, Maine
Jeff P. Nixon Training Center
6:00 p.m., Monday, March 26, 2018
1. Convene Meeting with Pledge of Allegiance and moment of silence. President Lunt
2. Roll Call
Clerk
3. Election of Officers for 2018-2019
President
Vice President
Treasurer
Clerk
President for 2018-2019 assumes Chair
Clerk
4. Acceptance of Minutes of Regular Meeting of February 26, 2018,
Special Meeting of March 12, 2018 and the Workshop Meeting of
March 12, 2018.
President
5. Invitation for Public Comment President
6. Reports:
Operations Committee Reports Trustee Douglas
Planning Committee Reports Trustee Levinsky
Administration & Finance Committee Reports (no report this month) Trustee Garrison
General Manager’s Report General Manager
7. New Business
A. Order 18-012 authorizing the final rate schedule for the water rate
increase.
Administration &
Finance Committee
B. Order 18-013 authorizing a professional services contract with
Woodard & Curran for the Northeast Pump Station/East End
WWTF Backup Power Project.
Operations Committee
C. Order 18-014 authorizing the comprehensive method for the
procurement of engineering services for the Cape Elizabeth WWTF
UV Disinfection Project.
Operations Committee
D. Order 18-015 authorizing the General Manager to execute a
Memorandum of Understanding with the City of Portland.
Planning Committee
E. Order 18-016 authorizing the General Manager to execute an
Interconnection Agreement with the Yarmouth Water District.
Planning Committee
F. Order 18-017 authorizing salary adjustment for the General
Manager.
President
8. Executive Session. A motion may be made to go into Executive
Session at any time during the meeting to discuss, pursuant to
1 M.R.S. §405(6)(A) personnel, 1 M.R.S. §405(6)(C) real estate, 1
M.R.S. §405 (6)(D) labor negotiations, or 1 M.R.S. §405(6)(E) legal
matters.
President
9. Other Business. An item may be added to this agenda provided seven
trustees vote to waive the rule regarding agendas.
President
10. Second Invitation for Public Comment. President
11. Trustee Comments. President
12.
Adjournment. President
Donna M. Katsiaficas
Clerk
Portland Water District
Board of Trustees Regular Meeting
March 26, 2018
New Business
Agenda Items 7A-7F
1 of 7
BOARD OF TRUSTEES / AGENDA ITEM SUMMARY
Agenda Item: 7A Order 18-012
Date of Meeting: March 26, 2018
Subject: Water Rate Change
Presented By: David Kane, Treasurer
RECOMMENDATION
The following proposed language is presented for Board of Trustee approval:
ORDERED, that the final rate schedule for the water rate increase, attached hereto
and incorporated herein by reference, is hereby approved.
BACKGROUND
In January 2018, the Board of Trustees requested staff to prepare a rate filing supporting a 3.7% rate
adjustment. The filing includes a rate increase differential between residential and commercial/
industrial rates resulting in an increase of residential customer rates by 3.3% and commercial
customers by 4.2%. Fire protection charges increase by 3.8%.
Pursuant to Board rules, a public hearing was held on March 12, 2018. All 52,000 customers
received notification of the rate adjustment. No comments were received from any customers.
2 of 7
FISCAL REVIEW / FUNDING The 3.7% rate adjustment is projected to increase water revenue by $844,749 in total. With the rate
adjustment, revenues are expected to meet the projected expenses.
LEGAL REVIEW
Corporate Counsel reviewed the proposed motion and approved it as to form.
ATTACHMENT(S)
Proposed Rate Schedule
3 of 7
PORTLAND WATER DISTRICT
PORTLAND WATER DISTRICT
SCHEDULE OF RATES
Effective date:
May 1, 2018 PWD Board of Trustees Order 18-012 on March 26, 2018
____________________________________
Treasurer
4 of 7
PORTLAND WATER DISTRICT Sheet 1, Revision 10
RATES FOR WATER TO METERED CUSTOMERS
Member Rate - Applies to Cape Elizabeth, Cumberland, Falmouth, Gorham, Portland, Raymond,
Scarborough, South Portland, Westbrook and Windham
MONTHLY RATES:
For the first 100 cubic feet included in minimum charge
For the next 2,900 cubic feet 2.35 per 100 cubic feet I
For the next 7,000 cubic feet 2.02 per 100 cubic feet I
For the next 40,000 cubic feet 1.78 per 100 cubic feet I
In excess of 50,000 cubic feet 1.00 per 100 cubic feet I
SEASONAL RATES:
See meter size for the allowance included in the minimum charge
Excess up to 90,000 cubic feet 2.35 per 100 cubic feet I
In excess of 90,000 cubic feet 1.78 per 100 cubic feet I
MINIMUM CHARGES:
________MONTHLY RATES_______ ________SEASONAL RATES______
Minimum Allowance Surface Mains Deep Mains Allowance
Meter Size Charge Cubic Feet Min. Charge Min. Charge Cubic Feet
5/8 $ 9.40 100 $ 267.36 $ 225.03 3000 I
3/4 11.08 100 346.58 304.25 6,300 I
1 14.37 100 412.03 369.70 9,000 I
1 1/2 24.73 100 630.20 587.87 18,000 I
2 35.62 100 891.99 849.66 28,800 I
3 64.63 100 1,590.13 1,547.80 57,600 I
4 97.29 100 2,375.56 2,333.23 90,000 I
6 187.97 100 4,557.26 4,514.93 180,000 I
8 296.77 100 7.175.32 7,132.99 288,000 I
10 429.70 100 14,156.80 14,114.47 576,000 I
12 568.82 100 22,053.26 22,010.92 900,000 I
Low Income 2.36 100 I
Monthly Rates minimums are prorated to exact day in first and last month of service.
Monthly rate customer on temporary water lines may not be billed for up to first 15 HCF.
Effective date: May 1, 2018
___________________________________
Treasurer
5 of 7
PORTLAND WATER DISTRICT Sheet 2, Revision 10
RATES FOR WATER TO METERED CUSTOMERS
Nonmember Rate - Applies to Standish and Yarmouth
MONTHLY RATES:
For the first 100 cubic feet included in minimum charge
For the next 2,900 cubic feet 2.71 per 100 cubic feet I
For the next 7,000 cubic feet 2.33 per 100 cubic feet I
For the next 40,000 cubic feet 2.04 per 100 cubic feet I
In excess of 50,000 cubic feet 1.15 per 100 cubic feet I
SEASONAL RATES:
See meter size for the allowance included in the minimum charge
Excess up 90,000 cubic feet 2.71 per 100 cubic feet I
In excess of 90,000 cubic feet 2.04 per 100 cubic feet I
MINIMUM CHARGES:
________MONTHLY RATES_______ ________SEASONAL RATES______
Minimum Allowance Surface Mains Deep Mains Allowance
Meter Size Charge Cubic Feet Min. Charge Min. Charge Cubic Feet
5/8 $ 10.81 100 $ 307.48 $ 258.79 3,000 I
3/4 12.72 100 398.57 349.88 6,300 I
1 16.55 100 473.86 425.17 9,000 I
1 1/2 28.43 100 724.74 676.05 18,000 I
2 40.95 100 1,025.80 977.11 28,800 I
3 74.30 100 1,828.69 1,780.00 57,600 I
4 111.87 100 2,731.91 2,683.22 90,000 I
6 216.15 100 5,240.87 5,192.18 180,000 I
8 341.30 100 8251.63 8,202.94 288,000 I
10 494.16 100 16,280.30 16,231.61 576,000 I
12 654.13 100 25,361.27 25,312.58 900,000 I
Low Income 2.71 100 I
Monthly Rates minimums are prorated to exact day in first and last month of service.
Monthly rate customer on temporary water lines may not be billed for up to first 15 HCF.
Effective date: May 1, 2018
___________________________________
Treasurer
6 of 7
PORTLAND WATER DISTRICT Sheet 3, Revision 8
MUNICIPAL FIRE SERVICE
There shall be paid monthly to the District by the municipalities an annual fire protection charge as
follows:
MUNICIPALITY ANNUAL CHARGE MONTHLY CHARGE
Portland $ 379,284 $ 31,607 I
South Portland 171,972 14,331 I
Westbrook 140,544 11,712 I
Cape Elizabeth 92,436 7,703 I
Falmouth 122,940 10,245 I
Cumberland 75.624 6,302 I
Raymond 6,396 533 I
Scarborough 171,732 14,311 I
Gorham 85,224 7,102 I
Windham 103,884 8,657 I
Standish 50,568 4,214 I
__________
Total: $1,400,604
Rates for hydrants installed on or after the effective date shall be determined in accordance with
Public Utilities Commission Rules and Regulations Chapter 690 as amended in Docket Number:
87-203.
There shall be no reduction in fire protection charges for fire hydrants removed.
Effective date: May 1, 2018
__________________________________
Treasurer
7 of 7
PORTLAND WATER DISTRICT Sheet 4, Revision 6
PRIVATE FIRE SERVICE
For each private fire service connected to the District system there shall be paid to the District an
annual fire protection charge as follows:
MONTHLY CHARGES
SIZE OF CONNECTION MEMBERS NONMEMBERS
2” $ 3.75 $ 4.30 I
3” 8.37 9.62 I
4” 14.94 17.18 I
6” 35.71 41.06 I
8” 59.79 68.73 I
10” 93.40 107.47 I
12” 134.49 154.67 I
16” 239.09 274.96 I
In cases where fire protection systems are supplied with water through metered connections, the
quantity of water used for emergency extinguishment of fires will be estimated upon notification and
deducted from the quantity registered by the meter before billing.
Monthly Charges are prorated to exact day in first and last month of service.
Effective date: May 1, 2018
_________________________________________
Treasurer
1 of 4
BOARD OF TRUSTEES / AGENDA ITEM SUMMARY
Agenda Item: 7B Order 18-013
Date of Meeting: March 26, 2018
Subject: Northeast Pump Station/East End WWTF Backup Power
Design - Professional Services Contract - Selection
Presented By: Gordon Johnson, Engineering Services Manager
RECOMMENDATION
The following proposed language is presented for Board of Trustee approval:
ORDERED, a professional services contract with Woodard & Curran in the amount
of $243,743 is hereby authorized, for design phase engineering services for the
Northeast Pump Station/East End WWTF Backup Power Project (CIP 2018-
21/2711); and that the General Manager and the Treasurer, each acting singly, are
authorized to take such steps as may be necessary to accomplish the intent of the vote.
BACKGROUND ANALYSIS The standby generators currently in service at the Northeast Pump Station and East End WWTF are
original equipment and are at the end of their service life. The WWTF Electrical Master Plan
recommended replacing both generators with one unit sized to handle the pump station as well as
the entire treatment plant load.
The proposed scope for this project follows the WWTF Electrical Master Plan recommendation to
install a medium voltage natural gas powered generator to accommodate the combined total load
from the pump station and the plant. The design will accommodate the installation of a second
generator of equal size if desired in the future. The unit will be located near the electrical service
entrance to the facility and associated gear will be located adjacent to the Northeast Pump Station.
Staff reviewed and scored three proposals from qualified teams that provided proposed methods for
achieving the project goals. Based on the outcome of the review and ranking, Woodard & Curran
received the best overall score (100). Staff therefore recommends award to Woodard & Curran for
an amount of $243,743, which includes design phase services from preliminary design through
project bidding. Future recommendations will include construction phase engineering based on the
project scope developed during the design phase.
This project includes design phase engineering services, including preliminary design, detailed
design and bidding. As approved by Board Order 17-038 on December 18, 2017 the comprehensive
2 of 4
method for procuring engineering services will be used for this project, meaning that it is
anticipated that the same firm will be utilized for detailed design as well as construction services.
An amendment to this agreement with Woodard & Curran is therefore anticipated to cover
construction phase services once the final design is complete and the required scope can be refined.
Project #: 2018-Subprogram 21/ Project 2711
FISCAL REVIEW/FUNDING
This project includes comprehensive engineering services for the Northeast Pump Station/East End
WWTF Backup Power Project, and will not have an operating fund impact. The design will lead to
the construction of an approximately $4M project with an estimated operating fund impact of
approximately $400,000 in debt service. The project will be submitted for consideration for the
Clean Water State Revolving Fund project list for funding through the Maine Municipal Bond
Bank.
LEGAL REVIEW Corporate Counsel has reviewed the proposed order as to form.
CONCLUSION(S) Staff recommends awarding the contract for design engineering services for the Northeast Pump
Station/East End WWTF Backup Power Project to Woodard & Curran. The Committee voted 2-0 to
send to the full Board for their consideration.
ATTACHMENT(S)
SUPPORTING INFORMATION
3 of 4
SUPPORTING INFORMATION
The standby generators currently in service at the Northeast Pump Station and East End WWTF are
original equipment and are at the end of their service life. The WWTF Electrical Master Plan
recommended replacing both generators with one unit sized to handle the pump station as well as
the entire treatment plant load.
The proposed scope for this project follows the WWTF Electrical Master Plan recommendation to
install a medium voltage natural gas powered generator to accommodate the combined total load
from the pump station and the plant. The design will accommodate the installation of a second
generator of equal size if desired in the future. The unit will be located near the electrical service
entrance to the facility and associated gear will be located adjacent to the Northeast Pump Station.
The focus of the upgrades will be enhanced reliability and utility cost effectiveness while providing
standby power for the entire treatment plant electrical load. The design will incorporate
Maintenance of Operations needs during construction as well as life cycle considerations into
decision making related to key equipment.
This project includes design phase engineering services, including preliminary design, detailed
design and bidding. This effort will include establishing a design basis report outlining the
components of the preliminary design and associated cost breakdown, followed by development of
the plans and specifications with intermediate milestones to confirm scope objectives and project
cost. The detailed design also includes development control system documentation including
detailed functional narratives, instrumentation diagrams, control panel modifications and new
operator interface screens to monitor and control the new equipment. The scope of the construction
phase engineering services will be refined based on work sequencing and other project requirements
developed during design.
Three qualified engineering firms were invited, and responded to the RFP: Arcadis, Woodard &
Curran, and Stantec. A selection team of five PWD staff including representation from Wastewater
Operations and AMaP was assembled to review each firm’s proposal. The selection committee
conducted a review of the proposals and held three interviews, one with each of the firms.
Each selection team member then ranked the proposals based on the two non-fee categories
identified in the RFP; Methods & Approach (35%) and Qualifications & Experience (35%) and a
final review meeting was held. Each proposal was ranked for each category using a 1-3 scale where
a #1 ranking represented the proposal that best met the requirements. The rankings for each firm
were averaged for the entire review team. The lump sum fee information for each proposal was
opened and added to the overall ranking of the proposals (at 30%). Therefore a total of 100
represents a perfect score and the lowest fee.
The firms developed proposals that highlighted the proposed methods of addressing the challenges
anticipated to achieve success. Based on the outcome of the review and ranking, Woodard &
Curran received the best overall score (100).
4 of 4
Key factors that led to the recommendation of the Woodard & Curran team include the following:
- A demonstrated understanding of the District’s standards and objectives through
development of a detailed and thorough approach;
- A project team with substantial industry experience with standby generators operating in
various modes and configurations to reduce overall utility costs;
- Recognition of the need to keep budget constraints and project cost containment as a key
focus area for the design team;
The following table summarizes the results of the selection committee’s evaluation of each
respondent, including a scoring breakdown:
Criteria
Woodard
&
Curran
Stantec Arcadis
1. Methods & Approach
Weight - 35%
(Best Score = 35)
Methods Score 35 77 98
2. Qualifications & Experience
Weight - 35%
(Best Score = 35)
Qualifications Score 35 84 91
3. Fee
Weight - 30%
(Best Score = 30)
Lump Sum Fee
(through Final Design and Bidding) $243,743 $248,000 $280,000
Fee Score 30 38.93 31.05
Total Score 100 200 220
Rank 1 2 3
As a result of this ranking, the review team recommends awarding to Woodard & Curran for an
amount of $243,743 for completion of the Northeast Pump Station/East End WWTF Backup Power
project. Once the design has been completed, a recommendation will be made to amend the contract
to include construction phase services.
As approved by Board Order 17-038 on December 18, 2017, the comprehensive method for
procuring engineering services will be used for this project, meaning that it is anticipated that the
same firm will be utilized for preliminary and final design as well as construction services.
1 of 2
BOARD OF TRUSTEES / AGENDA ITEM SUMMARY
Agenda Item: 7C Order 18-014
Date of Meeting: March 26, 2018
Subject: Cape Elizabeth WWTF Ultraviolet (UV) Disinfection –
Professional Services Contract – Engineering Method
Approval
Presented By: Gordon Johnson, Engineering Services Manager
______________________________________________________________________________
RECOMMENDATION
The following proposed language is presented for Board of Trustee approval:
ORDERED, that the Comprehensive Method is authorized for the procurement of
engineering services for the Cape Elizabeth WWTF UV Disinfection Project (CIP 2018-
418/2701), pursuant to the District’s Purchasing Policy, and that the General Manager
and the Treasurer, each acting singly, are authorized to take such other steps as may be
necessary to accomplish the intent of this vote.
BACKGROUND ANALYSIS
Pursuant to the District’s purchasing policy, staff is seeking approval from the Board of Trustees
to procure engineering services for the design, bidding and construction administration
(Comprehensive Method) for upgrades to the Cape Elizabeth WWTF to include ultraviolet
disinfection as recommended in the Cape Elizabeth WWTF UV Feasibility Assessment
completed in 2017. The Comprehensive Method for engineering would result in one engineering
consulting firm that would provide all the engineering services for the project from design to
startup of the upgrade.
This effort will develop detailed design plans and specifications based on the concept level
recommendations in the Feasibility Assessment. Staff estimates that the cost for detailed design
and bidding of these upgrades to be approximately $150,000 dollars; construction phase
engineering is estimated to be approximately $100,000 dollars.
Once the Method is approved, staff will issue a request for proposals. It is expected that a
recommendation for procurement of engineering services will be offered to the Board at the June
meetings.
2 of 2
FISCAL REVIEW/ FUNDING The project was included in the 2018 CIP (418/2701).
LEGAL REVIEW
Corporate Counsel has reviewed and approved the form of motion.
CONCLUSION(S)
Staff recommends that the Comprehensive Engineering Method be utilized to design and build
this project. The Committee voted 2-0 to send to the full Board for their consideration.
ATTACHMENT(S)
None
1 of 2
BOARD OF TRUSTEES / AGENDA ITEM SUMMARY
Agenda Item: 7D Order 18-015
Date of Meeting: March 26, 2018
Subject: An MOU with the City of Portland regarding the Industrial
Pretreatment Program
Presented By: Chris Crovo, Director of Asset Management and Planning
Paul Hunt, Environmental Manager
______________________________________________________________________________
RECOMMENDATION
The following proposed language is presented for Board of Trustee approval:
ORDERED, that the General Manager is authorized to execute a Memorandum
of Understanding in substantial form as that attached hereto as Exhibit A, with
the City of Portland related to the transfer of the operation of Portland’s
Industrial Pretreatment Program to the Portland Water District.
BACKGROUND ANALYSIS
PWD has a NPDES permit for the operation of the East End Wastewater Treatment Facility
(EEWWTF). As part of the permit requirements, and because of the capacity of the EEWWTF
and the types of industries that discharge to the sewer system, the District is required by federal
law to have an Industrial Pretreatment Program (IPT Program). An IPT Program is designed to
ensure that industrial wastewater that is discharged to a municipal sewer system does not harm
the treatment workers, interfere with the sewer collection system, disrupt the treatment process,
or pollute receiving waters. The Portland IPT Program was initiated in 1979 and approved in
1984. It involves identifying significant industries, issuing them permits, inspecting them,
sampling and testing their effluent, taking steps to enforce the terms of their permits as needed,
and periodically reporting on program activities to the DEP.
Since its establishment, the Portland IPT Program has been jointly administered by the District
and the City of Portland, with Portland issuing permits, inspecting industries and doing
enforcement when necessary. The District has historically been responsible for testing,
administration, and reporting. This is a unique arrangement in Maine – in other Maine
municipalities; it is typical for the wastewater utility to manage the entire program. Because of
shared goals, close cooperation and dedicated staff at both organizations, the IPT Program has
been effective. There are, however, some inefficiencies resulting from the division of
responsibilities and the constant need to exchange information. For this reason, the City has
asked the District to assume responsibility for virtually all of the day-to-day activities of the
program.
2 of 2
Staff from both the City and the District have worked together to detail IPT work practices in a
document referred to as the program Owner’s Manual. They have further developed a transition
plan, which involves jointly conducting some program activities for at least one year in order that
the owners and operators of all industries can meet District staff, sampling procedures can be
demonstrated, and institutional knowledge shared. Staff for both the City and the District are
confident this transition can be done smoothly and effectively.
An MOU describes the responsibilities of both organizations leading to the complete transition
of the program to the District. The City will continue to be responsible for establishing annual
surcharges and is committed to working cooperatively with the District going forward. The City
will also be implementing ordinance changes to allow for the transition of the program to PWD.
FISCAL REVIEW / FUNDING In anticipation of this change, the estimated costs for managing the program beginning April 1
were included in the District’s 2018 budget and were included in the Portland assessment.
LEGAL REVIEW
Corporate Counsel has reviewed the proposed Motion and has approved as to form.
CONCLUSION(S)
Staff recommends approval of the Memorandum of Understanding. The Committee voted
unanimously to send to the full Board for their consideration.
ATTACHMENT(S)
Memorandum of Understanding
1
MEMORANDUM OF UNDERSTANDING
BETWEEN PORTLAND WATER DISTRICT AND
THE CITY OF PORTLAND, MAINE
This Memorandum of Understanding (MOU) is entered into between the City of
Portland (hereafter “the City”), a body politic and corporate with offices at 389 Congress Street,
Portland ME 04101, and the Portland Water District, a quasi-municipal corporation organized
and existing under the laws of the State of Maine, with a place of business at 225 Douglass
Street, Portland, Maine (hereinafter, the “District”).
WHEREAS, the District is the holder of MePDES Permit Number ME0110275/Waste
Discharge License Number W002671-H-R (hereinafter, “permit”), which was issued by the
Department of Environmental Protection on August 17, 2011, for a five-year term; and
WHEREAS, the District is also the holder of a renewal of the permit dated March 21,
2017 (the “2017 renewal”); and
WHEREAS, the permit is routinely renewed following the five year terms; and
WHEREAS, in order to help facilitate the District’s industrial pretreatment
responsibilities under the permit, the City put in place a regulatory framework in Chapter 24 of
its Code of Ordinances (the “Sewer Ordinance”) and, in collaboration with the District, adopted
Rules and Regulations for the Use of the Sewer System (the “Sewer System Rules”) aimed at
codifying the requirements of the permit and 2017 renewal as well as in subsequent renewals;
and
WHEREAS, in addition to the City’s Sewer Ordinance and its Sewer System Rules, the
City and the District jointly promulgated Portland’s Industrial Pretreatment Program Owner’s
Manual in February, 2018 (hereinafter “Manual”), which outlines the City’s and the District’s
joint responsibility for ensuring compliance with the City’s Industrial Pretreatment Program, the
permit and the 2017 renewal; and
WHEREAS, the City and the District have a desire to shift responsibility for certain
components of the Industrial Pretreatment Program (hereinafter, “IPT Program”) from the City
to the District as described in the Manual
NOW THEREFORE, the City and the District hereby agree as follows:
1. The Portland Industrial Pretreatment Program will be administered as outlined in the
Manual,” which is attached hereto as Exhibit A and incorporated herein by reference. The
Manual may be amended from time to time by the District and the City as needed to
implement the IPT Program.
2
2. In order to facilitate the administration of the Portland IPT Program the City will initially
propose any amendments to the City’s Sewer Ordinance and its Sewer System Rules required
to implement this Memorandum of Understanding for consideration and approval by the
Portland City Council. The District shall review and approve all such ordinance amendments
prior to consideration and approval by the Portland City Council.
Following the assumption of responsibility for the IPT program by the District as described
in the Manual, the District will assume responsibility for proposing amendments to the City’s
Sewer Ordinance and Sewer System Rules for consideration and approval of the Portland
City Council.
3. Following the execution of this MOU, for a minimum period of one year but for no more
than two years after the transition from the City to the District of responsibility for issuing
permits and monitoring compliance with the IPT Program, City staff will work cooperatively
with District staff to advise and assist the District in issuing permits and conducting sampling
and inspections throughout the City so that the District can assume responsibility for those
functions as seamlessly as possible.
4. The District shall assess to the City and the City shall pay to the District, through its annual
assessment, as provided in the District’s Charter, all undisputed costs and fees associated
with the operation of the IPT Program.
5. No third persons or entities are intended to be or are third party beneficiaries of or under this
MOU. Nothing in the Agreement shall be construed to create any liability on the part of the
City or the District, or their respective directors, officers, shareholders, employees or agents,
as the case may be, to any such third parties for any act or failure to act of any Party hereto.
6. Prior to the final approval and adoption by the Portland City Council of amendments to the
City’s Sewer Ordinance required to transfer administration of the IPT Program to the
District, either party may terminate this MOU with or without cause and without liability to
the other party by providing written notice of such termination to the other party. Such
termination shall be effective upon receipt of such notice by the other party.
City of Portland
Witness: By:_______________________________
Jon Jennings, City Manager
Portland Water District
Witness: By:
Carrie Lewis, General Manager
1 of 2
BOARD OF TRUSTEES / AGENDA ITEM SUMMARY
Agenda Item: 7E Order 18-016
Date of Meeting: March 26, 2018
Subject: Interconnection Agreement with Yarmouth Water District
Presented By: Chris Crovo, Director of Asset Management and Planning
Donna Katsiaficas, Corporate Counsel
______________________________________________________________________________
RECOMMENDATION
The following proposed language is presented for Board of Trustee approval:
ORDERED, that the General Manager is authorized to execute an
Interconnection Agreement in substantial form as that attached hereto as
Exhibit A, with the Yarmouth Water District related to the provision of water
to the Wyman Power Station on Cousins Island.
BACKGROUND ANALYSIS
PWD and the Yarmouth Water District (YWD) entered into an agreement in June 1977, which
provided for an interconnection of facilities at the Yarmouth/Cumberland line. PWD owns the
facilities leading into a meter pit and owns the meter pit. YWD owns the facilities from the meter
pit which serve the power plant and a small number of other customers. YWD pays PWD for
water usage at the non-member rate. The Agreement with YWD expires July 1 of 2018.
PWD and YWD have agreed to an extension of the Interconnection Agreement for a period of 5
years. After the five-year period, either party may terminate on a 2-year notice. The status of the
Wyman Power Station and its continued operation is unclear. As a result, the water districts have
agreed to keep the term of the contract extension short with the ability to terminate.
FISCAL REVIEW / FUNDING PWD receives $170,000 in yearly revenues from YWD as a result of the Interconnection
Agreement. No expenditures by either district are required to continue the interconnection.
LEGAL REVIEW
Corporate Counsel has reviewed the proposed Motion and has approved as to form.
2 of 2
CONCLUSION(S)
Staff recommends approval of the Interconnection Agreement. The Agreement may also need
approval of the Public Utilities Commission. The Committee voted unanimously to send to the
full Board for their consideration.
ATTACHMENT(S)
Interconnection Agreement from 1977
Interconnection Agreement 2018
DRAFT
1/23/2018 10:03 AM
1
INTERCONNECTION AGREEMENT
This Agreement is made this day of , 2018, by and between the Yarmouth Water
District, a quasi-municipal corporation existing under the laws of the State of Maine and having
its principal place of business at 181 Sligo Road, Yarmouth, Maine (hereinafter “YWD”) and the
Portland Water District, a quasi-municipal corporation existing under the laws of the State of
Maine with a principal place of business at 225 Douglass Street, Portland, Maine (hereinafter
“PWD”).
Whereas, YWD and PWD entered into an agreement dated June 1, 1977 for the provision of
water by PWD to YWD related to the Wyman power station on Cousins Island (hereinafter the
“1977 Agreement”); and
Whereas, the 1977 Agreement also provided for interconnection of YWD’s water system with
PWD’s water system at certain locations; and
Whereas, PWD’s charter provides that it has the authority to sell water to the Yarmouth Water
District; and
Whereas, the 1977 Agreement expires July 1, 2018; and
Whereas, YWD and PWD seek to continue their business relationship established in the
Agreement;
NOW THEREFORE, for mutual consideration described herein, the parties agree as follows:
1. Purpose
PWD and YWD agree to continue the existing interconnection of their systems at 330
Foreside Road in Cumberland and continue to purchase and sell water at the
interconnection in accordance with the terms of this Agreement.
2. Price of Water
Except as explicitly provided herein, the price of water sold by PWD to YWD shall be
equal to the effective “Non-Member Rate” included in PWD rate schedules, including
any minimum rates applicable to metering devices of the pipeline facilities, on file at the
Maine Public Utilities Commission (“MPUC”).
3. Quantity of Water
PWD agrees to continuously supply water to YWD at a rate of no less than the
instantaneous peak demand of Wyman Station and no greater than 3,000 gallons per
minute, at a hydraulic gradient of at least 263 feet (USGS).
DRAFT
1/23/2018 10:03 AM
2
4. Water Quality
PWD agrees to supply at the point of interconnection water of good and potable quality
satisfactory for domestic use and meeting all the municipal, state and federal regulatory
requirements. PWD agrees that it will provide to YWD copies of and back up data for
any water quality testing performed by PWD on water delivered to PWD to YWD upon
request of YWD. YWD shall be responsible for water quality from the point of
interconnection to its customers.
PWD agrees to provide reasonable notice to YWD of any significant changes in
treatment techniques or chemical addition, including fluoride, to water sold to YWD or
any changes in PWD operation that significantly affect the quality of water sold to YWD.
5. Term
After five years, either party may terminate the agreement on two years written notice to
the other party.
6. Interconnection
The point of interconnection where water is physically delivered by PWD to YWD will
be at the meter pit located at 330 Foreside Road in Cumberland near the Cumberland-
Yarmouth municipal boundary on Route 88.
The interconnection shall remain open to allow a continuous flow of water from PWD to
YWD.
In event of an emergency, the flow of water may be reversed in accordance with a mutual
supply agreement to be negotiated between PWD and YWD.
7. Metering
The meter vault, the metering devices, and all appurtenances shall be owned by PWD and
the repair, maintenance and replacement of the equipment and facilities shall be the
responsibility of PWD.
Both parties shall have access to the meters and the meter pit.
YWD may place its telemetering and monitoring equipment in the meter vault, at YWD’s
expense and risk, and shall have access to and use of data and information available from
PWD’s telemetering and SCADA systems.
Should demand conditions change and warrant a change in meter size, PWD and YWD
shall work together jointly to determine the appropriate size for the new demand
conditions.
DRAFT
1/23/2018 10:03 AM
3
8. Shutdown of Power Plant
In the event the Wyman Station power plant ceases commercial operation for more than
12 months, the Parties agree to terminate this agreement.
9. Force Majeure
PWD agrees to use its best efforts to have available for delivery to YWD at all times an
adequate supply of water. PWD, however, shall not be liable to YWD for failure to
supply water because of causes beyond PWD’s control, including, without limitation, acts
of god, droughts, strikes, labor troubles, war or insurrections, inadequate supply of
construction material, pipe breakage, whether the damages caused by such failure shall be
direct, indirect, consequential or otherwise.
10. Dispute resolution
Disputes will be resolved by the Maine PUC to the extent it has jurisdiction over the
dispute; otherwise, after the parties carefully and in good faith consider and discuss the
benefits of submitting the dispute to meditation, if the parties do not agree to submit the
dispute to mediation or if the mediation is unsuccessful, it shall be submitted to private
binding arbitration subject to the commercial rules of the American Arbitration
Association.
Unless explicitly modified in the Agreement, the parties agree that the PUC statutes and
rules, (except those from which PWD is exempt pursuant to the PUC Order Dkt. No.
2015-00159) PWD rate schedules and PWD Terms & Conditions apply to the sale of
water under this Agreement. In the event the PUC does not have jurisdiction over this
Agreement or the parties performance under this Agreement the parties agree that the
PUC statutes and rules (except those from which PWD is exempt pursuant to the PUC
Order Dkt. No. 2015-00159); and PWD rate schedules and PWD Terms & Conditions
shall be incorporated into the Agreement and, shall govern the resolution of any dispute
in arbitration.
11. Indemnification
Indemnification. Each District agrees to indemnify and hold harmless the other and
their respective directors, employees and agents from and against any and all liabilities,
damages, injuries, costs, expenses and claims of any kind (including without limitation,
court costs and attorneys' fees incurred in litigation or otherwise) that at any time may
be paid or incurred by or asserted against the other District with respect to, or as a result
of the consumption of the indemnifying District's water, the existence and operation of
the indemnifying District's facilities, or the performance by the indemnifying District of
any obligation under this Agreement. This provision is not intended by either District to
waive or reduce any immunities, defenses and limits of liability either District may have
under the Maine Tort Claims Act.
DRAFT
1/23/2018 10:03 AM
4
12. Notice
Notice. Any notices to be given hereunder shall be delivered in hand or by Certified Mail
as follows:
To PWD:
General Manager
Portland Water District
225 Douglass St.
Portland, ME 04102
With copies to:
Corporate Counsel
To YWD:
Superintendent
Yarmouth Water District
181 Sligo Road
Yarmouth, ME 04096
13. Miscellaneous
Complete Agreement. This Agreement shall constitute the entire understanding among
the parties and shall supersede any and all previous understandings pertaining to the
subject of this Agreement.
Signatures/Entire Agreement. This instrument may be executed in multiple counterparts, each of which shall be deemed an original, and this Agreement contains the entire agreement between the parties and may not be modified other than by a written instrument duly executed by the
authorized representative of each District.
Binding Agreement. This Agreement shall be binding upon and inure to the benefit of the
respective successors and assigns of the Districts.
Waiver. A waiver by a party of any breach, requirement or provision of this Agreement shall
not be deemed or construed as a waiver of any other or subsequent breach, requirement or
provision.
IN WITNESS WHEREOF, Portland Water District has caused this instrument to be signed and
sealed in its corporate name and behalf by Carrie Lewis, its General Manager duly authorized,
and Yarmouth Water District has caused this instrument to be signed and sealed in its corporate
name and behalf by Robert MacKinnon, its Superintendent, duly authorized, all as of the day
and date first above written.
DRAFT
1/23/2018 10:03 AM
5 11120584_7
WITNESS:
Portland Water District By:
By: ___________________________
__________________________________ Carrie Lewis, Its General Manager
Yarmouth Water District
By: ______________________________
_____________________________________ Robert MacKinnon, Its Superintendent
BOARD OF TRUSTEES / AGENDA ITEM SUMMARY
Agenda Item: 7F Order 18-017
Date of Meeting: March 26, 2018
Subject: General Manager Annual Review
Presented By: President William Lunt
______________________________________________________________________________
The annual review of the General Manager’s performance has been completed. Based upon this
review, the following Order is proposed:
ORDERED, that the General Manager’s annual compensation is hereby increased by 3%
effective January 1, 2018.